Does anyone have a definition of when a claimant is deemed to have 'moved in' to a property. Claimant is in hospital and has become liable for both rent and mortgage costs under a shared ownership scheme before actually leaving hospital. All the guidance I can find says that a claimant in such circumstances can be paid housing costs and HB for up to four weeks before 'moving in' but doesn't define 'moving in'- is it when the claimant physically goes to live there or just when his or her possessions are put into the house.

Our current case regards somone who was expected to move in on a certain date but due to unforeseen circumstances has to remain in hospital and will not physically move in when expected, although he may spend some periods of time there as a way of becomng used to his new environment.It seems likely that his furniture etc will go in more or less as planned.
Any thoughts would be gratefully recieved.

Hi Pete

Depending on the facts of the case ir can be from the date possessions go in. See R(H)5/09 for a case very similar. It rather stretches the meaning of the word "return" but remains good law.

Regards
Paul

Hi Paul
, thanks for your reply. I looked up R(H)/9/05 and it seems to have enough similarites to my case to be of assistnce should the Housing Costs and HB be refused

Pete.

There is also CH/2957/04 which is an extremely similar case to yours - lady signs tenancy, then goes into hospital for a couple of months - in the meantime some possessions are moved in - decision states that "moving in" does not mean the client has to physically move in - taking possession is satisfied when possessions are moved in .....HB/CTB in that case was eventually paid from start of tenancy.....

Hi there - I have a very similar case, which I too, am struggling with, 21 year old lady had been hospitalised since the age of 14, as part of a resettlement in the community was awarded a tenancy in Oct 08 but did not move in until post Jan 09, due to a need for a very softly softly approach required given 7 years in hospital, she would spend perhaps 2 hours a day with keyworker to get used to the environment and to learn life and social skills.
HB has been awarded but only back to the four week bit that you mention and there is arrears of about 8 weeks outstanding.
My client has moved in now - but it is how she will cover this period when she was not able